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(영문) 수원지방법원 2016.09.22 2016고단3704
전자금융거래법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Except as otherwise expressly provided for in other Acts, no person shall transfer or take over any access medium, or lend or take over any access medium in return for promising to receive any consideration.

Nevertheless, on May 2016, the Defendant received 1 million won per month when lending the account from a person who was in the name of a police officer, and lent a medium of access to the account and thought to acquire cash. On the same day, the Defendant sent the passbook, check card, and the password to the company bank account (B) opened in the name of the Defendant on the front of the Do office Do office, which is located in the Si/Gu of Suwon-si, in the name of the Defendant.

As a result, the Defendant promised to pay for the access media used in electronic financial transactions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Notice of a certificate of deposit and data on the current status of financial transactions (A)

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Act on Electronic Financial Transactions through which punishment is selected, and Article 6 (3) 2 of the Act on Electronic Financial Transactions through which punishment is selected, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order requires the defendant to receive consideration, lends access media to the defendant, and is used for the criminal act of licensing, etc., the nature of the crime is not good. However, the fact that the defendant reflects the defendant's wrong, there is no record that the defendant has been punished for the same criminal act, there is no profit that the defendant has acquired from the criminal act of this case, the defendant's age, sex, environment, motive and circumstance of the criminal act, and other conditions of sentencing as shown in the records after the criminal act shall be determined as ordered by taking into account the following factors.

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